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JUMP to: Capital Punishment
| Child Sex Offenders |
Conscience Clauses for Pharmacists | Debate
Over Intelligent Design |
Group Rights / Strong Multiculturalism |
Human Use of Non-Human Animals |
Immigration | National Draft | Parental Consent Laws for Abortion |
Public Policy Regarding Development |
Postpartum Depression & Criminal Law |
Same-Sex Marriage
SEE ALSO
Library Reserves for Philosophy 110 and
Library Reserves for Philosophy 130
All annotations by Professor Colleen Boyle.
 | Exploring Constitutional Law
http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/home.html
This is an educational and non-commercial site maintained at the University of
Missouri-Kansas City Law School by Doug Linder, Professor of Law. Includes the
full text of the U.S. Constitution, sections on various constitutional
conflicts (right to die, right to abortion, gay marriage. laws burdening
religiously motivated conduct, and much more), landmark Supreme Court cases,
and loads of other helpful material.
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Child Sex Offenders - Extended
Punishments
Child Sex Offenders -
Megan's Law
| Does Megan's Law Work? A
Theory-Driven Systematic Review
http://www.evidencenetwork.co.uk/Documents/wp8.pdf
A scholarly article on tracking laws, using Megan's
law as its model, to see whether the laws are or could be evidence-based. A
good study of the effectiveness and history of Megan's law.
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| Megan's Law Deceptive, Experts Say 'It
Tends To Give People A False Sense Of Safety'
http://www.vachss.com/av_dispatches/megan_2.html
Discussion of an argument that laws to treat sex offenders are potentially
harmful because they perpetuate the myth that children are most likely to be
harmed by predatory strangers; this is statistically as false as false can be
(between 80 and 90% of offenses against children are committed by people the
children know), and opponents worry that the laws give lawmakers a false sense
of security and promote the myth of “stranger danger.” |
Child Sex Offenders -
Shame-Based Punishments
| Colonial
Crimes and Punishments" by James A. Cox
http://history.org/Foundation/journal/spring03/branks.cfm
This talks about some of the shaming punishments popular in the U.S. colonial
period, with some re-staged examples from "Williamsburg" in a slide show so
you can see some of the popular punishments. It's in the context of
Braithwaite and Friedman's work on reintegrative shaming (reintegrative
shaming is the method that attempts to rehabilitate the offender w/the shaming
- through a process of reintegration into the society - rather than indicating
symbolically that the offender is no longer a member of the community - which
leads pretty inevitably to more criminality b/c the offender is de facto
exiled and has to commit crime in order to live).
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Crime, Shame and Reintegration by John Bratihwaite
Click on the title of this book to see sample pages from Google Scholar.
This is the most cited work on shame-based punishments. Your instructor is
working on getting the book for Reserve, so check to see if it's available yet
at the Library Circulation Desk.
 | John Braithwaite: Peacebuilder, Social Scientist
and Restorative Justice Activist.
http://www.realjustice.org/library/braithwaite06.html
A biography of John Braithwaite, best known for his seminal book on
Reintegrative shaming. Gives an overview of how the idea of reintegrative
shaming works.
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Guilt, shame, and family socialization: a retrospective study
- click on article title.
You will be asked to input your last name and student ID number to gain
access.
A sociological/psychological study about how
shame can be used to successfully impose social norms - good to see what's
required for it to function properly. From Journal of Family Issues.
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| Leading Edge: Allison Morris
http://www.rjonline.org/resources/leading/morris
Biographical page on researcher working on restorative shaming in New Zealand.
One important piece of information from this page - research has apparently
shown that certain characteristics have to be in place in the defender and the
crime in order for reintegrative shaming to work effectively. At the bottom of
the page, there's a brief discussion of why those characteristics are in place
in a particular case she discusses, so you can get an idea of what those
characteristics are and analyze whether they're also in place in sex-offenses.
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| Restorative Justice and School Violence: Building
Theory and Practice
http://www.realjustice.org/library/morrison_bullying.html
Full-text article on use of reintegrative shaming to control school bullying.
Again, helpful to see the process that needs to be in place in order for
shaming to be effective. Especially contrast against the problems with non-reintegrative
shaming discussed in the historical article above about shaming in Germany.
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| Restorative Justice Online: Reintegrative Shaming
http://www.restorativejustice.org/resources/theory/shaming/
From a prison justice website, their resources page on restorative/reintegrative
shaming. Has a list of abstracts for multiple articles on the subject and also
access to journal articles on reintegrative shaming.
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| "Shame as a Means of Punishment" by Satu Lidman
http://www.ennenjanyt.net/2-01/lidman.pdf
A scholarly article from a conference on criminal justice methods, reviewing
some historical uses of shaming punishments in Germany. Seems to concentrate
largely on the use of shame to symbolically exile the offender, and shows how
non-re-integrative shaming usually leads to higher levels of crime because the
offender is forced to commit crime in order to survive in the "wild." |
Child Sex Offenders - Treatment
| American Pharmacists Association
http://www.aphanet.org/Am/Template.cfm?Section=Home
Includes links to the APhA's statement of conscience refusals and press
releases. To go directly to the transcript of their testimony to the House
Small Business Committee 7/25/05, go to the following link
http://www.aphanet.org/AM/Template.cfm?Section=Search§ion=July6&template=/CM/ContentDisplay.cfm&ContentFileID=640
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| Do
Pharmacists Have the Right to Refuse to Dispense a Prescription Based on
Personal Beliefs?
http://www.nm-pharmacy.com/body_rights.htm
A paper written by students in a Pharmacy Law & Ethics class at the
University of New Mexico. References to current laws and pending laws are
helpful; interesting and helpful distinctions are made and discussions are
opened. The arguments do not end up being terribly well-developed, but they
generate very helpful avenues for further argument. An argument for the
clauses.
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| Exploring Constitutional Law
http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/home.html
This is an educational and non-commercial site maintained at the University of
Missouri-Kansas City Law School by Doug Linder, Professor of Law. Includes the
full text of the U.S. Constitution, sections on various constitutional
conflicts (right to die, right to abortion, gay marriage. laws burdening
religiously motivated conduct, and much more), landmark Supreme Court cases,
and loads of other helpful material. For information about the free exercise
of religion and its implications, see this sub-page:
http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/freeexercise.htm
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| Laws Protecting Pharmacist's Refusal
http://www.constitutioncenter.org/education/ForEducators/DiscussionStarters/PharmacistConscienceLaws.shtml
This website is created and maintained by the National Constitution
Center, part of the Annenberg Public Policy Center at the University of
Pennsylvania. It includes a brief description of the issue, some discussion of
central constitutional issues at stake, and a discussion of other possible
constitutional issues involved (for example, the 5th Amendment protects
private property - some opponents of conscience clauses argue that a legal
prescription is the patient's property). Also includes good related links,
particularly to relevant Supreme Court cases. A good resource from a highly
reliable source.
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| The Morning After (PBS)
http://www.pbs.org/wnet/journaleditorialreport/061005/qa1.html
An editorial from the PBS publication The Journal Editorial Report:
Briefing & Opinion. A brief and not terribly deep debate between a
pharmacist who supports conscience clauses and a local doctor and director of
Planned Parenthood who oppose the clauses. Gives some insight into some of the
lines of debate. Be sure to click through the whole list of topics shown at
the top right corner so that you see the whole debate (they show about 4-5
questions per page).
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| New Refusal Clauses Shatter Balance Between
Provider "Conscience," Patient Need
http://www.guttmacher.org/pubs/tgr/07/3/gr070301.html
The Guttmacher Institute is a public policy group. This article is an
argument that conscience refusals upset the balance between the freedom of
providers to exercise their consciences and the freedom of individuals seeking
care to exercise their consciences and make their own health decisions.
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| Pharmacists
Dispense with Conscience -- or Not?
http://pub.ucsf.edu/today/news.php?news_id=200410142
An article from UCSF Today, a publication of the University of
California, San Francisco. Gives a quick summary of some of the
conscience clause laws being proposed, and has two QuickTime clips showing
opposing arguments about conscience clauses protecting pharmacists from
disciplinary action if they refuse care due to moral objections.
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| Refusal Clauses: A Threat to Reproductive
Rights
http://www.plannedparenthood.org/news-articles-press/politics-policy-issues/birth-control-access-prevention/refusal-clauses-6544.htm
Planned Parenthood's article on conscience clauses; an argument against
the clauses. Full of a variety of helpful statistics, regardless of one's
position on the issue.
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Refusing to
Participate in Health Care: A Continuing Debate
http://www.guttmacher.org/pubs/tgr/03/1/gr030108.html
Very good history of expanding state and federal law allowing for
conscience refusal; good resource for finding out what laws currently exist,
where, and what laws are in consideration. Has a very helpful chart showing,
state-by-state, what procedures people are allowed to "opt out" from
participating in, who is allowed to "opt out," and under what circumstances. A
good basic resource for everyone in the group, regardless of sub-topic.
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Bitter Pill:
Women's Health Clinic Files Complaint Against Swedish Medical Center Pharmacy
http://www.thestranger.com/seattle/Content?oid=31667
The Stranger is a free weekly newspaper in Seattle, WA. This is an article
about how some pharmacists are refusing to fill *any* prescriptions if they
come from a local women's clinic that provides a variety of medical services,
including abortions, but also pre-natal care and delivery. Pharmacists have
refused to fill prescriptions for antibiotics and vitamins if the prescription
comes from the clinic.
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| Center for Science and Culture
http://www.discovery.org/csc/
Website for the leading proponent of Intelligent Design. For articles
advocating "teaching the 'controversy'" -- the main argument by proponents of
Intelligent Design for why their idea should be included in science
classrooms, see the following sub-page:
http://www.discovery.org/scripts/viewDB/index.php?command=view&id=2633&program=CSC%20-%20Science%20and%20Education%20Policy%20-%20News%20and%20Articles
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| Pharyngula
http://scienceblogs.com/pharyngula/
This site is the weblog of Paul Z. Myers, Ph. D. Dr. Myers is a Professor of
Biology at the University of Minnesota and a very forcefully-spoken opponent
of the Intelligent Design movement. The site contains detailed arguments
against the claims of Intelligent Design proponents that there are "gaps" in
the theory of evolution that can't be explained, as well as a number of
helpful links. Largely geared toward a general reading public, you can find
more detailed scientific articles on the links bar to the left of the page.
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| Speaking Freely
http://aclupa.blogspot.com
The blog of the American Civil Liberties Union, Pennsylvania Chapter has daily
running coverage of the Dover trial (Kitzmiller v. Dover) with helpful links
to pages with information on those testifying as well as relevant testimony.
Also includes links to trial transcripts and new coverage of the trial.
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| 29+ Evidences for Macroevolution: The
Scientific Case for Common Descent
http://www.talkorigins.org/faqs/comdesc/
An article from Talk.Origins giving reasons why macroevolution is
well-supported by research. Macroevolution is evolution on the "grand scale"
resulting in the origin of higher taxa. In evolutionary theory, it thus
entails common ancestry, descent with modification, speciation, the
genealogical relatedness of all life, transformation of species, and
large-scale functional and structural changes of populations through time, all
at or above the species level. Opponents of evolution sometimes accept
"microevolution," changes below the species level (a poodle and a Doberman,
for example, have obviously undergone some different development, but they're
both members of the same species -- Canis familiaris.). But those who
are opposed to evolution are opposed to the idea that it can explain major
changes through time, which obviously challenges the idea that we were all
created by God more or less as we are now.
This link leads to refutations of many of the central argument of Intelligent
Design proponents: http://www.talkorigins.org/faqs/wells/
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| The Wedge Strategy
http://www.antievolution.org/features/wedge.html
This is a document written by the Center for the Renewal of Science and
Culture, the leading group promoting the teaching of Intelligent Design in
school science classes. Pay particular attention to the governing goals in
terms of the constitutional issues raised.
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Group Rights /
Strong Multiculturalism
| In Defense of Universal Values
http://kroc.nd.edu/ocpapers/op_16_1.pdf
This is a paper by Martha Nussbaum, a professor of Philosophy at Harvard
University, arguing for a rights-centered approach to justice (that would be
against strong multiculturalism). It covers issues of what it means to make a
genuinely free choice, as well (see sections IV - VI).
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| Animal Liberation at 30
http://www.nybooks.com/articles/16276
An article by Peter Singer, who is very influential in arguing that we do
need to take the pain of animals into account when we decide how to treat
them.
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| Animal Rights Law Project
http://www.animal-law.org
A project of the Rutger's University School of Law. Mostly contains helpful
links to animal welfare and hunter-protection laws -- very helpful for finding
out the current state of laws regarding animals.
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| The Ethics of Liberty
http://www.mises.org/rothbard/ethics/twentyone.asp
This is by Murray N. Rothbard, a Fellow at the Ludwig von Mises Institute
in Austria. It argues that we don't have to take animals into account when we
make decisions. Basically, the argument is that you only "get" moral
consideration if you can "give" moral consideration. Since a wolf can't decide
to be nice to you, the wolf just isn't a member of the normal realm -- we only
have to be considerate of other humans, since they're the only creatures who
can be considerate of us.
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| Extracts from DIET, NUTRITION, AND THE
PREVENTION OF CHRONIC DISEASES
http://www.mcspotlight.org/media/reports/who_rep.html
Summary of a report from the World Health Organization on the deleterious
effects on populations of eating high fat, high protein diets. This is
relevant to the animal welfare question because it questions the assumption
that people need to eat diets with lots of animal protein for their health.
Many studies show that the high level of animal protein consumed by most
people in the U.S. is actually quite bad for their health. The study points
out that the connection to heart disease is much better established than
connections to various types of cancers, but worry exist that high meat
consumption may also be connected to higher rates of certain types of cancer.
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| Federal Animal Welfare Act and Regulations
http://www.nal.usda.gov/awic/legislat/usdaleg1.htm
Federal law on the handling, sale, and care of certain animals. Mostly to do
with agricultural animals, but also has sections on dogs and cats.
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| The Moral Status of Animals
http://plato.stanford.edu/entries/moral-animal/
This article by Lori Gruen in the Stanford Encyclopedia of Philosophy
gives a basic introduction to the debate about whether we have to take animals
into consideration or not. A top-notch site.
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| What Is Your Drive? Science or Ethics?
http://onlineethics.org/reseth/appe/vol6/drive.html
Article from the Online Ethics Center for Engineering and Science at Case
Western University.
Contains some real-life ethical dilemmas faced by scientists engaged in
experimentation involving animals, as well as discussion sessions following
the cases and some commentary by graduate students or professors. The
particular case linked above has to do with a recent graduate working with
chimpanzees who have been injected with HIV.
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| Abortion: Policy Analyses
http://www.guttmacher.org/sections/abortion.php?pub=policy
Main page on abortion research, policy analysis, and state-wide statistics from
the Guttmacher institute. This is a widely respected non-profit group with
balanced, scholarly analysis. A good resource for national and state abortion
statistics.
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| Abortion: religion and ethics
http://www.bbc.co.uk/religion/ethics/abortion/
General introduction to issue of abortion from BBC. A good overview of some
relevant laws, although it just gives information about Roe, without saying how
laws changed when Casey became the controlling law. Nonetheless, a helpful
introduction to the basic issue.
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| Exploring Constitutional Law
http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/home.html
This is an educational and non-commercial site maintained at the University of
Missouri-Kansas City Law School by Doug Linder, Professor of Law. Includes the
full text of the U.S. Constitution, sections on various constitutional
conflicts (right to die, right to abortion, gay marriage. laws burdening
religiously motivated conduct, and much more), landmark Supreme Court cases,
and loads of other helpful material.
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| Lawyers, Guns and Money: Parental
Notification On the Ground
http://lefarkins.blogspot.com/2005/04/parental-notification-on-ground.html
The author is an assistant professor of Political Science at Hunter College in
New York; he specializes in public law, constitutional studies, and
reproductive rights. The link is to an argument that parental notification
laws don't achieve any positive outcome and are arbitrarily enforced, and so
ought to be opposed.
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| Minors and the Right to Consent to Health
Care - August 2000
http://www.agi-usa.org/pubs/tgr/03/4/gr030404.html
Report from the Alan Guttmacher institute, a non-profit institute specializing
in reproductive health and education research, about parental notification and
consent laws. Policy analysis.
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| Parental consent/notification for teen
abortions: Pros and Cons
http://www.religioustolerance.org/abo_pare.htm
Very respectful and careful site with recent statistics and a good, scholarly
evaluation of the available statistics. Do read their evaluations of the
available numbers, as they point out possibly misleading statistics and show
where we don’t have evidence. They also rightly caution you to pay attention to
the dates of information you’re getting, as abortion laws are volatile and
change regularly because of actions in state legislatures and court rulings.
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| 30 May 1985 memo by Samuel Alito on
Thornburgh v. ACOG
http://www.rbs0.com/alito85.html
The full text of Justice Alito's 1985 memo
urging the Reagan administration to "chip away" at the rights defined in Roe
v. Wade by supporting laws that restrict abortion access.
For news stories giving a very brief summary of some of the portions of the
1985 memo, see the following links:
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Postpartum Depression & Criminal Law
Public Policy Regarding Development
| Rights & Responsibilities
http://www.gwu.edu/~icps/rights.html
Website of the Institute for Communitarian Policy Studies at George
Washington University. Communitarians emphasize the social (communal) aspects
of human life and argue that liberal democracies stress individual liberty too
strongly, to the detriment of our social being. Communitarians think that we
need to stress responsibilities as much as we do rights. One thing to keep in
mind about this social philosophy is that it emphasizes our obligation to
sometimes subvert our private good for public good -- so Communitarians are
much more conservative about social change than liberals (social change often
involves communities changing their ideals to accommodate individual freedoms
-- for example, in gay rights, communities that were previously homophobic had
to change their beliefs to allow for greater personal freedom); Communitarians
tend to be social conservatives. This doesn't, of course, invalidate the
theory -- but you should keep in mind that an idea that might appeal to you in
one sense may seem unappealing in others.
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Same-Sex Marriage
| Exploring Constitutional Law
http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/home.html
This is an educational and non-commercial site maintained at the University of
Missouri-Kansas City Law School by Doug Linder, Professor of Law. Includes the
full text of the U.S. Constitution, sections on various constitutional
conflicts (right to die, right to abortion, gay marriage. laws burdening
religiously motivated conduct, and much more), landmark Supreme Court cases,
and loads of other helpful material.
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[Marriage Notes]
http://carnap.umd.edu/queer/marriagenotes.htm
A very general overview of many of the most common arguments for and against
same-sex marriage. A good introduction to the debate.
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Marriage Under Fire: The Eleven
Arguments
http://www.marriageunderfire.com/arguments.aspx
Conservative Christian James Dobson giving various arguments against same-sex
marriage.
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Objections to These Unions: What Friedrich Hayek
can teach us about gay marriage - June 2004
http://www.reason.com/0406/fe.jr.objections.shtml
A judicious consideration of the argument
that same-sex marriage is dangerous because it undermines a deeply important
tradition
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A Pop Quiz on Marriage
http://www.nytimes.com/2006/02/19/opinion/19coontz.html?ex=1298005200&en=5bf0f3e6156b805c&ei=5088&partner=rssnyt&emc=rss
You will
need to click on the multimedia link on the left to see the actual quiz. The quiz
is from Stephanie Coontz,
a social historian specializing in the history of marriage. Contains a lot
of interesting information regarding the shapes marriage has taken over the
years, and a good corrective to many of our assumptions about marriage.
Not a substitute for her book-length treatment of the subject, of course.
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Last updated
17 April 2008
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